Amendments to the Law on prohibition of discrimination are step forward

Centre for Civic Education (CCE) finds that the amendments to the Anti-Discrimination Law, after three years of the implementation of this Law, come at the right time and with so solid text represent an attempt to substantially comply with the recommendations of the European Commission.

Namely, by the proposed amendments the most important institute of specific penal regulations is much better defined, whereas the mechanisms of protection and protective measures are one effective innovation. Introduced obligation to have special registry of cases of discrimination is exactly the possibility that the Protector of the Human Rights and Freedoms always has his updated casebook and objective picture about the practice of discrimination. It is very important that the by-law, which will regulate the content and manner of keeping records of all forms of reported discrimination, shall be brought within six months from the effective date of these amendments.

Furthermore, the deadline for submitting a claim, which was extended by one year is a good solution in terms of motivation of the person who is discriminated to have enough time to decide to process institutionally the same.

As for the legal and technical part it is need to adjust and set the imperative of term of segregation.

Also, it is not enough clearly explained when discrimination is prohibited, and when is not, also that should be by the changes better stipulated as well as other special forms of discrimination (from Article 9 until the Art.20), as in the case of harassment and sexual harassment so it is necessary to set up peremptory norm in front of definition of institute some form of discrimination.

Taking into account predominantly traditional mentality of the citizens of Montenegro, and the respect of a significant number of religious communities, it is necessary to keep a provision for discrimination on grounds of religion or belief, and not erase the same as a form of special discrimination and that the institute of racial discrimination as required states as special provision.

CCE recommends that the earlier legal solutions and the provisions about mobbing and the protection of persons with disabilities remain mentioned in the law, like all forms of discrimination, although there are specific laws for these institutes, due to the fact that, as such, perform from this very law as a general, and according to it is certainly clear that the lex specialis derogate legi generali (in the case of general and special rules govern the same territory, a special regulation will be implemented).

Snežana Kaluđerović,
Programme coordinator